• Can quashing of FIR be moved in high court at this stage

A false case under section 376 has been registered against me & charge has been levelled against me by session court without seeing any proofs as the doctors statement has been recorded in session court and doctor is saying that no opinion has been sought from him; even i have got 30 -40 proofs to state that girl is giving false statement and fir was registered against complainant for doing fraud which resulted in registration of false case against me what is the legal remedy
Asked 2 years ago in Criminal Law
Religion: Sikh

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17 Answers

Hello,

If the charges have been framed then you can not approach the court for quashing of the FIR, however you may approach the court under section 482 of the Cr.p.c. for quashing of the chargesheet or in the alternative you may move a discharge application.

Regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

Hello sir , since the charges has been framed therefore now , you have to face the trial ... However , you can file for quashing of FIR under 482 Crpc in high court .. The high court may stay the proceedings till final disposal of application ..you can contact me for further doubts .. Thank you

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

Dear Cleint,

Either file petition in high court for quashing of FIR or application u/s 227 of CrPC for discharge on the basis of your evidence.

https://www.legalindia.com/inherent-powers-of-the-high-court-under-section-482-of-crpc/

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

When a FIR is lodged, the Police investigates the matter then only they file Chargesheet before the Learned Court and thus Court trial begins. If chargesheet is filed against you then Police had filed it and in the Court, after all the procedures latlel done, Court will give decision.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Dear Concerned,

YES go ahead and file Quashing u/s 482 - on the basis of the information given in the notes , there is high possibility of the proceeding being quashed.

Atulay Nehra
Advocate, Noida
1247 Answers
58 Consultations

4.7 on 5.0

See first of Fall as charge sheet is filed file an discharge application under 239 Crpc before trial court on the grounds that there is no true medical report, there was no physical relation and thirdly this FIR has been filed in vengeance of your FIR.

If the discharge application in rejected than challenge same or along with prayer to quash in high court it is always better to exhaust alternate remedy then move to high court has high court power under 482 Crpc. is discretionary and high court may reject on ground that there is alternate remedy of discharge first avail same. So better to file an discharge application if that is rejected than move to high court for quashing.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Yes, the rape charges against you are totally false, concocted and vexatious, you may take your chance by challenging the same in the High Court.

However, it is highly unlikely that the High Court will quash the proceedings pending against you or give a arrest from stay.

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

Since charge has been already framed. It's advisable that you face trial and get acquitted since doctor has stated that there is no opinion since he being expert his opinion is crucial for offence under Section 376 IPC.

Alternatively you can file for quashing under 482 of Crpc in high court.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. Its not clear whether trial has started or only charge is framed.

2. In any event if the medical evidence doesn't support rape and there is no eye witness either then there is no scope for conviction.

3. So exoedite the trial so you can come out acquitted.

4. In such cases chances of quashing is very bleak though there is ni harm in trying either.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

1) If the charge had been fixed by session court against you, than you may make appeal in upper or high court.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

It is better you apply for discharge before trial court

2) quashing is to be done only in exceptional circumstances

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Quashing of FIR is not entertained as a routine by high courts, especially in the rape complaint, there is no compromise allowed as per the latest supreme court judgment.

You can challenge and fight it out in the trial court based on the contradictions in her side and merits in your side.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

Firslty, there are two ways of FIR quashing a. With mutual settlement which is almost next to impossible in your case.

b. Quashing on the basis of argument as investigation plus trial has not been done as per law.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Quashing can be move in High Court.

Whether girl is minor ??

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

if u have very strong evidence then quashing can be filed in High Court

Rajesh Kumar Parmar
Advocate, Shimla
34 Answers
1 Consultation

4.2 on 5.0

You can file quashing.

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

You have written in the post "A false case under section 376 has been registered against me & charge has been levelled against me by session court without seeing any proofs as the doctors statement has been recorded in session court and doctor is saying that no opinion has been sought from him; even i have got 30 -40 proofs to state that girl is giving false statement and fir was registered against complainant for doing fraud which resulted in registration of false case against me what is the legal remedy".

To clarify, charges are not levelled by Session Court, because When a FIR is lodged, the Police investigates the matter then only they file Chargesheet before the Learned Court.

If there is sufficient proof against the wrong done, then only Court is please to note that the charges filed against you are true and does the court gives valuable order. If the charges are proved false, then you are acquited. To acquit someone is to clear them of charges.

As per your post, you said that "charge has been levelled against me by session court". This is not true as because Police files Chargesheet and not the Court.

The court never gives order without seeing any proofs, because Court only sees evidence and then only gives any order.

If you have so many proof, since you have said in your post, then why haven't you mentioned that before the Court? If you have proofs then to avail legal remedy, you or your lawyer lsince case is in court therefore it is presumed that you have already hired a good lawyer) must have shown those proof before the Court.

Please note, for answering questions, information is also need to be provided sometimes. But in your post no proper information was provided, rather you posted that , "A false case under section 376 has been registered against me & charge has been levelled against me by session court without seeing any proofs.... "

general fact-

Whenever a FIR is lodged, the Police starts investigation then only they file Chargesheet before the Learned Court and thus Court trial begins. If chargesheet is filed against one person that means the Police had filed it and not the Court itself had filed it, and after all the procedures such as Court trial, hearing, witnessing, etc., Court will also hear from both the side and then only it give decision.

For legal remedy please submit the proof before the Court.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

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